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Immigration Law Associates, PC

Final rule takes effect on public charge inadmissibility

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Tomorrow, the final rule on the “Public Charge Ground of Inadmissibility” for U.S. immigrants will go into effect. The Department of Homeland Security (DHS) announced this change in September. The rule no longer punishes immigrants who choose to access government services.

In November 2020, U.S. District Courts slowly began to roll back this Public Charge Rule, starting with the Northern District of Illinois. Now, with federal government’s sanction, USCIS is no longer applying the Public Charge Rule, returning to the 1999 policy which was in place before the Trump administration.

Many immigration policies are changed by Presidential memorandum. However, this final rule codifies the policy into the Federal Register. This means that it will not be easily changed by the whims of a future presidential administration.

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